Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1887-07-23
ALIEN LAND OWNERS.
OUR LAWS NOT SUFFICIENT TO KEEP THEN
OUT.
The Text Of Attorney General Garland's Opinion in
Regard thsO Act Restricting Ownership Of Real
Estate in the Territories 10 Ameri-
eans-Nsw Laws Needed.

WASHINGTON, July 22.-The following
Is the text of the attorney generals opinion,
with regard 10 the act to restrict owner
ship Of real estate in the territories to
American citizens:
DEPARTMENT OF JUSTICE,
WASHINGTON, ID. C., July 20, 's7~j
To ths President:
SRA reply to your inquiries must be
derived from an Interpretation of the act
of March 3, 1887, entitled "An act to re-
strict the ownership of real estate in the
territories to American citizens, and so
siorth. "
The inquiries are:
First-Was the act intended TO apply
and does it apply to mines?
Seeond-Can aliens lawfully acquire,
own and hold shares or stock issued by an
American corporation, which is the owner
of mineral lands in the territories?
Third-Would the advancement OF
money by aliens for the purpose OF develop
ing mining properties be lawful under the
act?
FOurth-Can aliens lawfully contract
with American owners for working mines
or making any proper use OF mineral lands
for term of years?
The first section of the act forbids aliens
who have not declared their intention to
become citizens of the United States, and
alien corporations "to hereafter acquire
| hold or own any real astate so hereafter ac-
quired or any interest therein, in the terri
tories OF the United States"
The second section fOrbidS the operating,
holding or owning OF such real estate,
hereafter acquired by any corporation or
association, in which more than twenty
per cent. of the stock ia or may he owned
| by persons, corporations or associations,
not citizens OF the United States.
The third section iorbidS other corpora
| tiOns other than railway, canal or turn
pike companies to hereafter acquire, hold
or own more than j, 900 acres of land here
after acquitted, and limits railway, canal
and turnpike companies in their acquisi-
tioh to such lands rs may be necessary to
| the proper operation OF their roads, canals
and turnpike9.
The fourth section provides for forfeiture
| of the property tnr violations Of the pro-
visions of the act.
Some of these sections may be differ
entity construed from their actual meaning
by law. Therefore reply TO the Inquiries
submitted
First-As mines arc real estate, or in
| heritabe interests in real estate, the act
does not apply tn them.
! SecOnd-As stock in n corporation is
personally an alien eau lawfully, have,
| hold, and own shares Oi stock issued by IN
American corporation, which is now the
owner OF mineral lands in territories, but
| if the holding by aliens exceeds 20 per
cent, such corporation can neither acquire,
hold, own nor hereafter acquire real estate
while more than ~ per cent Of stock Is
! beld and owned hy aliens.
Third nder the act, the advancement
OF money hereafter by aliens for the pur-
pose of developing mining property is law
| iul, but no interest in the real estate can
be acquired by such advancement, nor
would an alien have the right to purchase
| the real estate, nor any interest therein on
| a loan, since the passage OF the act. even
| il sold on his own security or lien.
F0urth-Aliens may lawfully contract
with American owners To work mines by
personal contracts for hire, or by bona tide
/ lr.aSes for = reasonable time.
| am, sir, with great respect,
lSignedl A. II. GARLAND,
ATTORNEY General.